Concluding Observations

Recommendations

33. The Commission recommends to the Government of the Peoples’ Democratic Republic of Algeria to:

Put in place an inter-ministerial team responsible for collaboration
with the actors to carry out research and prepare Periodic Reports from
the formulation stage to its finalization

Study recurrent human rights problems in Algeria and list out statistics of the various cases to facilitate their solution;

Institute measures to increase the rate of participation by Algerian women at all levels of Algerian society;

Take concrete measures to give effect to the provisions of the African Charter and promulgate laws based on the respect of the provisions of the African Charter in general and the freedom of religion in particular;

Include in the next Periodic Report the practical provisions which had been laid down to guarantee the enjoyment of the rights stipulated in Articles 25 and 26 of the African Charter;

Guarantee the independence of the National Human Rights Commission to ensure that the latter operates on the basis of the Paris Principles;

Guarantee security for the Human Rights Defenders in the exercise of their duties in conformity with the United Nations Declaration on Human Rights Defenders and also with the principles enshrined in the African Charter;

Respond to the allegations of torture and other allegations of human rights violations contained in the letters-communications conveyed by the Special Rapporteur on Human Rights Defenders in Africa;

Draw up a comprehensive list of the Treaties and Conventions and other human rights instruments ratified by Algeria;

Find an appropriate solution to the situation of missing persons and ensure that a fair and equitable compensation is paid to the rightful heirs;

Take appropriate measures to solve the problem of overcrowding in the prisons and also make adequate provision and fully cater for the inmates;

Institute measures and ensure respect for the Robben Island Guidelines;

Take measures to ensure respect for the rights and freedom of all persons as enshrined in the African Charter;

Consolidate the rule of law by taking measures that would make the Declaration on the Freedom of Expression in Africa a reality in Algeria;

Shed light on known HIV/AIDS cases in Algeria and the cure that is provided;

Provide statistics on Indigenous Populations in Algeria and highlight the situation regarding the recognition and respect for their rights;

Promulgate laws based on the respect for the provisions of the African Charter based on the respect for the provisions outlined in the African Charter in general and for the freedom of worship in particular;

Ratify the Protocol to the African Charter on the Rights of Women in Africa and institute legislative and other measures to curb abuse against women in Algeria;

Provide in the next Periodic Report to be submitted to the African Commission in 2009 a complete chapter on the implementation of the recommendations contained in the last concluding observations and on those contained in the present ones.

Adopted in Ezulwini, Kingdom of Swaziland on 22nd May 2008.

From the Introduction:

"Since the presentation of its second report [in 2001], the Algerian public authorities have pursued their efforts to consolidate the rule of law, democratic pluralism and promote and protect human rights despite the consequences of a decade of terrorism. Thus, fresh elections have been held, the already existing human rights promotion mechanisms have been strengthened, and certain aspects of economic, social and cultural legislation adapted to new realities. Justice, education and the various missions of the state are being deeply reformed by the relevant national commissions made up of professionals and independent personalities. The recommendations of these commissions have since been guiding the actions of public authorities. Further, the establishment of associations, which is increasingly encouraged, has experienced a remarkable development.

This consolidated report covers the 3rd and 4th reporting periods. It is divided into two parts: Part one, entitled “Background information”, describes the present political structure of the country and the established framework for the promotion and protection of human rights; part two provides information on the substantive provisions of the Charter in respect of which measures have been taken to address the concerns raised by members of the African Commission following the presentation of Algeria’s periodic report."